PRABHAT KUMAR PANDEY Vs. BANWARI YADAV

JUDGEMENT

(1.) Since these cases were directed to be heard analogous and since common questions of law and facts are involved in them, they are being disposed of by this common judgment.

(2.) The aforementioned civil revision applications have been filed against the orders restoring different Rent Suits which were filed under the provisions of the Bihar Tenancy Act (hereinafter to be referred to as 'the Act').

(3.) The relevant facts are short and simple. All the Rent suits were decreed ex parte on 11.4.1979. The decrees were to put in execution. Even sales were held, effecting right, title and interest of the opposite parties. On 6th July, 1985 the opposite parties filed different applications under Order IX, Rule 13 of the Code of Civil Procedure (hereinafter to be referred to as 'the Code') for setting aside the ex parte decrees on the ground that summons were never served upon them. Evidence was led and by the impugned orders all the aforementioned Miscellaneous Cases were allowed and the respective suits were restored to their original files.